LAW Essay Example | Topics and Well Written Essays - 2250 words

LAW - Essay Example As such, the national courts are under an obligation to promote EU law. However, the English courts follow a dualist approach in dealing with cases of non – compliance. This practice has resulted in a number of barriers for the UK courts to integrate the EU law with their national legislation1. In order to interpret the EU law, the European Court of Justice mainly depends on three sources; namely, the EU Treaties, Articles of the Treaties and provisions of EU law. The ECJ deals with cases of breach of EU law by Member States if their national legislation fails to correctly interpret the EU law. The ECJ then examines the legal basis of the Acts enacted by the institutions of the EU to find out their legality and practicality. Member States refer cases of infringement of EU law to the ECJ for the proper interpretation of EU law2. In the context of European integration, the United Kingdom has retained its parliamentary sovereignty to a very limited extent, in several matters relating to the European Union. The UK cannot escape from being penalised for breach of EU law; and it cannot determine the scope and extent of the penalties imposed upon it. Furthermore, the United Kingdom cannot abstain from implementing any directives issued by the EC nor does it have the power to withhold parts of directives from being implemented. This was established in the case of Factortame in 19913. In that case the parliamentary sovereignty of the UK was completely ignored by the European Court of Justice. The House of Lords refused to implement the Merchant Shipping Act 1988 on the plea that the Act challenged and derogated from, parliamentary supremacy in the UK. In another case, namely, R v. Secretary of State for Employment4, the House of Lords held that the Employment Protection (Consolidation) Act 1978 was not in accordanc e with the EU Law. Their